The criminal charge of criminal possession of a forged instrument or more specifically Section 170.20 to 170.30 if the New York Penal Code, is one of those umbrella laws that covers a myriad of improper actions. The Penal Code defines that a person is guilty of criminal possession of a forged instrument when he/she knowingly and intentionally uses a forged instrument to defraud another.

This broad definition of the crime is convenient for many New York State prosecutors to define an action that would otherwise be indefinable, and elevate charges for crimes that would seem like a lesser violation.

For example:

If a perpetrator intentionally buys franchise gift cards from a local bodega to re-encode them with stolen account information belonging to various banks throughout the New York State, then the perpetrator in this case may be charged with criminal possession of a forged instrument in the 2^nd degree, which may carry a sentence of 7 years of incarceration.

Consequently, if the perpetrator possess more than one forged gift card (may be considered to be a debit card), and he decides to go to a jury trial for his case, then, the jury may be instructed to presume that the defendant had knowledge that the cards were forged and was intentionally using the cards to defraud; making it easier for the defendant to receive a guilty conviction.

If you have been investigated or arrested for the criminal possession of a forged instrument, then call (212) 577-6677 to get professional legal advice.

Criminal Possession of a Forged Instrument is a serious offense in New York, which is punishable as an A Misdemeanor by up to 1 year of incarceration to a C felony by up to 5 years of incarceration. According to the New York Penal Law Section 170.20 to 170.30, Criminal Possession of a Forged Instrument occurs when a person possesses a forged instrument, has the knowledge that the instrument is forged, and uses the forged instrument to defraud, deceive or injure another person.

The New York Penal Law provides a broad definition of the crime, which allows many New York State prosecutors to use to elevate charges for crimes that would often seem like a lesser infraction. Offenses such as taking a New York State identification card and altering the date of birth, the expiration date or other parts of the card may constitute in a charge of Criminal Possession of a Forged Instrument.

Defendants charged with criminal possession of a forged credit or debit card might face an even more heinous obstacle. According to the New York Penal Law Section 170.27, if a person possesses two or more forged credit and/or debit cards, then the jury and/or will be instructed to presume that the defendant had knowledge that the cards were forged and was intentionally using the cards to defraud, deceive or injure another.

If you are recently being investigated or charged for Criminal Possession of a Forged Instrument in New York, then call our office at (212) 577-6677 to get professional legal assistance.

John J. Mofunanya, a tax-preparer based in New York City, was arrested and charged with one count of conspiracy, two counts of Forgery in the 2^nd Degree, and Criminal Possession of a Forged Instrument in the 2^nd Degree, for allegedly forging tax return and pay stubs to help  ineligible applicants obtain low-income apartments  from the City Housing Development Corporation.

Mofunanya was ultimately arrested after preparing a forged income tax return and pay stubs for an undercover investigator posing as an applicant for low-income housing. The investigator claimed that his reported income is $63,000 annually, which was well above the income limit. Mofunaya purportedly charged the undercover a fee and prepared a false tax return for the year 2009 which states that the applicant earned an annual salary of $31,500.

If convicted, Mofunaya faces a maximum sentence of 15 years in prison.

Carlos Prince, a resident from Queens, New York, has been arrested and charged with one count of Criminal Possession of a Forged Instrument in the 2^nd Degree, and Grand Larceny in the 4^th Degree for cashing a forged check of $1,316 from the New York City Department of Finance.

In December 2009, Prince allegedly endorsed and cashed a check for $1,316 from the New York City Department of Finance that was supposed to be made out to his landlord. Prince claimed that he received that check from a codefendant and shared the proceeds with him.

If convicted, Prince faces a maximum sentence of 11 years of imprisonment.

Alvaro Mora, a Sewage Treatment Worker for the New York City Department of Environmental (DEP) Protection was charged with one count of Criminal Possession of a Forged Instrument and one count of Offering a False Instrument for Filing alleged him of submitting a forged letter from his DEP supervisor to the New York City Department of Buildings (DOB).

In Mach 2009, Mora’s application for a Site Safety Manager’s license to the DOB was denied because he did not submit the required letters of recommendation from his supervisors. Mora resubmitted his application after allegedly forging a letter on behalf of his supervisor stating that Mora performed and supervised construction work at DEP.

It was further alleged that Mora had forged his supervisor’s signature and was ultimately investigated on after misspelling his supervisor’s name multiple times.

If convicted, Mora faces a maximum penalty of 11 years of imprisonment.

Alexander Everest, the chairman of Elite American Health Systems, a California based company with a branch in New York City has recently been charged with multiple counts of bribery, criminal possession of a forged instrument, offering a false instrument for filing, and giving unlawful gratuities, for offering bribes to Harlem Hospital’s official in an attempt to place recent medical school graduates in the hospital’s surgical residency program.

Elite American Health Systems offers consultations to medical school graduates to help them better and understand and secure hospital residency positions. However between March 17, 2010 and May 4, 2010, Everest allegedly submit four forged application materials for four potentially unqualified clients to the Department of Surgery at Harlem Hospital in efforts to secure them residency.

On the four applications, the four medical school graduates allegedly secure the residency position mostly because of Everst fraudulent efforts. The defendant fraudulently claimed that the four clients were part of a specialty program in a California hospital.

Everest also purportedly attempted to bribe the hospital employee with at total of $6000 shortly after submitting the applications.

If convicted, Everest faces a maximum sentence of more than 35 years in prison.

Marc Payen, a self-proclaimed New York State licensed immigration lawyer and immigration service provider for the United Nations, was arrested and charged with 23 counts of Grand Larceny, Forgery, Criminal Possession of a Forged Instrument, Scheme to Defraud and the Unauthorized Practice of Law. It was alleged that Payan took advantage of 6 Haitian immigrants by fraudulently offering and providing them immigration services in efforts to obtain them Temporary Protected Status (TPS) after a major earthquake in January 2010.

Between September 2009 and April 2010, Payen allegedly misrepresented himself to at least six immigrants that he was either an immigration attorney working for the United Nations, or a United Nations employee working in the immigration services department. But in actuality, Payen is neither a lawyer nor was he employed by the UN.

After a major earthquake in Haiti in January 2010, Payen puportedly reached out to most of his victims and offered them his assistance in filing their Temporary Protected Status, green cards and work permits for a fee of $1000 to $3000 each. Through his alleged misrepresentation, Payen defrauded approximately $12,500.

If convicted, Payen faces a maximum penalty of 104 years in State prison.

Hector Collet, a self proclaimed New York City Department of Health and Mental Hygiene contractor, was charged with multiple counts of Criminal Possession of a Forged Instrument, Identity Theft, Criminal Impersonation and Petit Larceny, for posing as a City contractor and tricking small businesses into paying him “pre-inspection” fees.

Between July and August 2009, Collet had allegedly received a stolen id card from an AHRC of New York City agent, and fabricated letters indicating AHRC’s subcontract with the New York City Department of Health and Mental Hygiene.   Collet supposedly misrepresented himself as a contractor for the City to three local businesses in New York City to conduct “pre-inspections” and charged pre-inspection fees of $60-$75.

If convicted, Collet faces more than 11 years of imprisonment.

Bernard Feraca, the Administrative Construction Project Manager with the New York City Department of Sanitation, was arrested and charged with criminal possession of a forged instrument and offering a false instrument for filing, for submitting a fraudulent college diploma to secure his employment with the New York City Department of Sanitation.

On January 22, 2010, Feraca allegedly submitted to the New York City Department of Sanitation’s Human Resource Department a photocopy of a phony Bachelor of Science Degree from the University of Miami that was supposedly issued in 1977. The defendant also purportedly submitted a fraudulent resume, stating that he has received a Bachelor of Science Degree in Civil Engineering from the University of Miami.

But investigations revealed that Feraca never attended the University of Miami or received a Bachelor of Science Degree.

Feraca is currently suspended from his position without pay. If convicted, Feraca faces a maximum penalty of 19 years in prison.

Moussa Mbaye, a local street vendor in New York City, was arrested and charged with Criminal Possession of a Forged Instrument for submitting a forged license for renewal to the City Department of Consumer Affairs (DCA).

Between 1990 and August 2009, Mbaye retained a valid DCA General Vendor License which allowed him to vend anywhere in New York City except midtown. However, in August 2009, Mbaye allegedly submitted a fake General Vendor License to the DCA for his yearly renewal.

Mbaye now faces a maximum penalty of 7 years in prison for submitting a fraudulent Vendor license to the DCA.

If you are charged with or under investigation for Criminal Possession of a Forged Instrument in New York City, and need help with getting this fraud conviction expunged, call my office at (212)577-6677 to get professional legal assistance.